Arizona Domestic Violence Laws – All You Need to Know

The term domestic violence is well-known and often associated with instances of family-related abuse and violence. You may not be aware, however, that each state has its own laws defining domestic violence crimes. Arizona domestic violence laws spell out the various relationships within which domestic violence can occur. They also outline the different crimes that, if they occur within these relationships, can be designated as acts of domestic violence.

Arizona’s Definition of Domestic Violence

Domestic violence, as defined by Arizona statute 13-3601, is a dangerous crime or offense that can be perpetuated by a person against any of the following individuals:

• A current or former spouse or domestic partner
• A current or soon-to-be co-parent
• Their child or the child of a former or current partner
• A person related to them or their current spouse by blood or court order
• A person with whom they reside or have resided
• A former romantic partner

During an incident where domestic violence is suspected, a law enforcement officer may arrest an offender if they believe that a victim is in danger. They may also conduct a child welfare check or confiscate any firearm present if it poses a threat to the victim.

Crimes Associated With Domestic Violence in Arizona

The Arizona domestic violence statute does not, on its own, constitute a criminal charge. Rather, it provides sentencing enhancements and allows law enforcement to make warrantless arrests, among other provisions.

The statute does outline the various crimes that can be designated as domestic violence if they occur between an offender and a person in a relationship, as outlined in the domestic violence statute. These include the following:

• Assault: Intentionally putting a person in a position to be hurt or attempting to actually hurt them physically or causing physical injury.
• Aggravated assault: Assault that leads to serious physical injury or that involves the use of a deadly weapon such as a firearm, for instance.
• Criminal trespass: Failing to leave a property after being requested to do so by law enforcement or the owner of the property with reasonable notice.
• Harassment: Attempting to contact or communicate with another person through verbal or other means or surveilling a person repeatedly.
• Threatening or intimidating: Threatening to cause physical bodily harm or property damage to another person or intimidate them with the threat of doing so.
• Endangerment: Putting a person at substantial risk of death or physical injury.

These and other crimes outlined in the domestic violence statute crimes, whether they are committed against an adult or a child within the above relationships, can be designated as domestic violence and may be subject to additional legal consequences.

Arizona Penalties for Domestic Violence

Arizona sentencing guidelines are relatively clear. Crimes are categorized as dangerous or non-dangerous felonies, and these are broken down into classes – with Class 1 crimes being the most serious and Class 6 the least.

Crimes that can be designated as domestic violence may be dangerous or non-dangerous offenses and carry the penalty associated with their class. If a domestic violence crime is committed against a pregnant person, the convicted person may face an additional two years in confinement.

Beyond any fines and confinement requirements, a domestic violence charge and conviction may lead to an order of protection being issued against the accused. They may also be required to attend counseling. A domestic violence charge can be detrimental to a child custody case, as well.

Potential Domestic Violence Defenses

If you are facing a domestic violence accusation, there are numerous potential defenses that can be used in your case, depending on the facts of the incident.

It may be possible to prove that the domestic violence allegations are false and were motivated by financial or child custody disputes, for example. Self-defense can also be raised if a person can demonstrate that their actions were taken to protect themselves or another person against the threat of bodily harm or death. Shedding light on any lack of evidence or if an accused’s rights were violated during a domestic violence arrest can also be part of an effective defense strategy.

Even if a victim recants an accusation, Arizona may continue to pursue domestic violence charges. It is therefore recommended that anyone accused of a domestic violence-related crime seeks the support of an Arizona domestic violence attorney who can help shield them from the consequences of an accusation.

FAQs

Q: What Is the Law for Domestic Violence in Arizona?

A: Arizona domestic violence laws are outlined in ARS 13-3601. It explains that domestic violence is a dangerous crime against children or can include other crimes as outlined in the statute, including assault, harassment, and criminal damage. The domestic violence statute allows law enforcement to make warrantless arrests and can impose additional penalties on an accused, including mandatory counseling and an order of protection.

Q: What Is Criminal Damage in Arizona for Domestic Violence?

A: Criminal damage can be classified as domestic violence crime if it is perpetrated within a domestic relationship as defined in the domestic violence statute. In broader terms, criminal damage constitutes the reckless defacing or damaging of another’s property. This act can be charged as a misdemeanor or a felony, depending on the cost of the damage.

Q: How Long Does Domestic Violence Stay On Your Record in Arizona?

A: How long domestic violence stays on your record in Arizona varies based on the crime. A criminal record can be permanent if it is a serious offense, including dangerous crimes or sexual crimes, or if the crime involves a minor. Most other crimes may be eligible to be set aside per Arizona Revised Statutes § 13-905.

Q: Is Arizona a No-Drop State?

A: Yes, Arizona is a no-drop state. This means that even if a person who has accused another of domestic violence wants to withdraw their complaint, a prosecutor may decide to pursue charges against the accused depending on the evidence in the case. The prosecutor’s office, however, is open to listening to your position on the case.

Discuss Arizona Domestic Violence Laws With an Attorney

Understanding Arizona domestic violence laws is important for both victims seeking protection and those facing accusations. Arizona provides various legal safeguards for victims while ensuring that defendants have the right to due process. A domestic violence charge can lead to enhanced penalties, making legal representation essential in mitigating potential consequences.

If you need guidance on Arizona domestic violence laws, consult a seasoned attorney from The Law Office of Joshua A. Lopez, LLC.